Peadar Tóibín (Meath West, Sinn Fein)
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I move amendment No. 10:

In page 4, between lines 10 and 11, to insert the following:
"Common good
3.The Patents Act 1992 is amended by the insertion of the following new section after section 61:"Common good
61A.The achievement of the common good may require permanent or temporary interference with the rights, including intellectual property rights, of persons or corporate entities.".".

Intellectual property is a hot topic around the world, especially when it is linked to cigarette packaging and the transatlantic trade and investment partnership, TTIP. The TTIP negotiations are creating many worries among people in the context of intellectual property. Recently, the US Chamber of Commerce lodged an objection with the European Commission regarding the Government's plan to introduce plain packaging of tobacco products. The Commission was also warned that this would have an impact on the economy as it would be seen to damage significantly the concept of intellectual property rights. The US Chamber of Commerce said it would damage intra-EU trade if Ireland set a dangerous precedent and damaged intellectual property rights by adopting plain packaging.
British American Tobacco, Imperial Tobacco, Philip Morris and a number of other large tobacco firms, which make their money selling a product that kills one in two users, took the Australian Government to court in Australia on the issue of intellectual property rights and plain packaging. They did not win in Australia but they are now taking the government to court in Hong Kong, which has a trade agreement with Australia. Property rights are important but they cannot be the only right that is important. It is critical that governments have the right to legislate and create policy that affects people's health and welfare.
The text of the amendment is copied from the Irish Bank Resolution Corporation legislation, which reads "And whereas in the achievement of the winding up of IBRC the common good may require permanent or temporary interference with the rights, including the property rights, of persons". This sets a precedent for the use of a provision to ensure certain rights are more important than these property rights. That is why I ask the Minister of State to include the amendment.